Florida Carry Sues Miami Beach Police

Open carry is generally not legal in Florida. However, there are exceptions such as when one is fishing or hunting. Because of this, groups like Florida Carry organize “fishing trips” where their members legally open carry. The Miami Beach Police didn’t think much of this and disrupted, assaulted, and detained members of Florida Carry at one such event as shown in the video below.

As a result, the Miami Beach Police Department is now being sued by Florida Carry and the individuals illegally detained for violation of their civil rights under color of law.

From Florida Carry:

Miami Beach, FL – A lawsuit for deprivation of civil rights under color of law and violations of Florida firearms and fishing laws has been filed today against the City of Miami Beach and officers of its police department over an incident where the officers assaulted, battered, and detained law-abiding fishermen at a Florida Carry fishing meetup on the South Pointe Fishing Pier on June 24th 2018. The incident was captured on video.

Dubbed the “South Pointe Six”, six Florida Carry members and supporters were held by police for well over two hours without cause, while the police officers went on a fishing expedition of the own in an illegal attempt to find something… anything… the officers could use in order to charge the “South Pointe Six” with a crime before finally failing and releasing them.

Even after eventually releasing Florida Carry’s members, the Police Department forced the premature end of our First Amendment protected gathering by closing the public fishing pier until all known Florida Carry members and supporters left the area.

“Florida Carry will not allow our members to be abused, injured, held without cause, and have their civil rights violated without the strongest possible response to prevent these types of attacks on the good, law-abiding, citizens of our Great State.” Said Florida Carry Executive Director, Sean Caranna.

“Most police officers and deputies that we encounter are outstanding professionals who have an incredibly tough job to do, we respect that honor that. However, we’ve seen these types of abuses happen far too many times in cities and counties who do not respect the Right to Bear Arms. Every City and County in Florida should already know that proper training about the legal possession and carry of firearms is necessary. These types of abuses will not be tolerated – IT ENDS HERE.”

The plaintiffs are represented by Florida Carry General Counsel Eric Friday.

For Those In Florida

Last year, Florida Carry got some grief from Marion Hammer and the NRA due to their stance on some bills in the Florida legislature. Notwithstanding that – and showing that they are united in their support of gun rights – they have passed on the following alert from the NRA and Marion Hammer. I think it shows class on their part.

The alert concerns a move by the anti-gun forces to diminish gun rights in Florida through putting constitutional amendments on the ballot. One need only looks at the moves by Bloomberg and Everytown to force so-called universal background checks through referenda. They succeeded in Washington and Nevada but failed in Maine.

From Florida Carry:

ALERT: Anti-gun CRC Members Want Gun Bans in the Florida Constitution

DATE: March 19, 2018
TO:      USF & NRA Member and Friends
FROM: Marion P. Hammer
            USF Executive Director
            NRA Past President
ACTION NEEDED NOW


Some
of the members of the Florida Constitution Revision Commission (CRC)
are very anti-gun and they are proposing and pushing gun ban and gun
control amendments to put in the Florida Constitution.

Commissioners will be voting on these amendment soon. Links to these amendments are listed at the bottom.

Among these amendments are:

*An
“assault weapons” ban which bans the distribution, sale, transfer, and
possession of so-called assault weapons and any detachable magazine that
has a capacity of more than 9 rounds.  (Makes possession illegal with
no compensation provided for those already possessed that must be
surrendered) 

*A
ban on any semi-automatic rifle that is able to accept a detachable
magazine or has a fixed magazine capable of holding more than10 rounds.
(that means almost all semi-automatic rifles)

*A
ban on the sale and transfer of “assault weapons” and defines
“transfer” as the conveyance “from a person or entity to another person
or entity WITHOUT any conveyance of money or other valuable
consideration.”  (Note: to “convey” between persons without compensation
could mean the simple act of handing the firearm to another person
while hunting, on the range, or anywhere)

*A 10 day waiting period (excluding weekends and legal holidays) on all firearms to facilitate a background check.

*A ban on the purchase of any firearm by a person under 21 years of age. 

*A ban on the sale, transfer and possession of bump stocks and other devises, tools, kits, etc. 

Please email CRC Commissioners and tell them to OPPOSE gun control amendments!

PLEASE DO IT NOW !!! They could be voting on these amendments at anytime


IN THE SUBJECT LINE PUT:  

VOTE AGAINST GUN CONTROL AMENDMENTS

(To send your message to all just Block and Copy All email addresses into the “Send To” box)

(Depending on you email program you may need to add commas or semicolons between each email) 

jose.armas@flcrc.gov
pam.bondi@flcrc.gov
lisa.carlton@flcrc.gov
timothy.cerio@flcrc.gov
hank.coxe@flcrc.gov
jose.diaz@flcrc.gov
erika.donalds@flcrc.gov
don.gaetz@flcrc.gov
emery.gainey@flcrc.gov
anna.gamez@flcrc.gov
brecht.heuchan@flcrc.gov
marva.johnson@flcrc.gov
darlene.jordan@flcrc.gov
arthenia.joyner@flcrc.gov
fred.karlinsky@flcrc.gov
belinda.keiser@flcrc.gov
frank.kruppenbacher@flcrc.gov
tom.lee@flcrc.gov
gary.lester@flcrc.gov
patricia.levesque@flcrc.gov
roberto.martinez@flcrc.gov
rich.newsome@flcrc.gov
chris.nocco@flcrc.gov
jeanette.nunez@flcrc.gov
jimmy.patronis@flcrc.gov
sherry.plymale@flcrc.gov
darryl.rouson@flcrc.gov
william.schifino@flcrc.gov
chris.smith@flcrc.gov
bob.solari@flcrc.gov
chris.sprowls@flcrc.gov
john.stemberger@flcrc.gov
pam.stewart@flcrc.gov
jacqui.lippisch@flcrc.gov
carolyn.timmann@flcrc.gov
nicole.washington@flcrc.gov

PROPOSED AMENDMENTS:



From Florida Carry – Oppose SB 7026

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SB 7026, the Marjory Stoneman Douglas High School Public Safety Act, is up for a third reading by the Florida State Senate. The bill had 151 proposed amendments most of which were either withdrawn or defeated. However, those that were adopted took a bill that was meant to protect students into one with enough nonsensical gun control crap to make it a bill that needs to be defeated.

Miguel at Gunfreezonee.net gives his take on it here.

This alert from Florida Carry outlines the good and the bad. It also includes a call to action on the part of Florida gun owners.

Florida Senate to under 21 voters – “You’re not adult enough to have a gun”

Florida Carry
ADAMANTLY OPPOSES SB 7026
——-
We strongly urge members and supporters to IMMEDIATELY send an email to ALL SENATORS listed below!

This bill is a classic example of a fundamentally good bill destroyed by countless amendments.
  • Establishes voluntary armed teacher program
  • Establishes mental health care program for schools to recognize symptoms
  • Creates a government commission and a new state-level department to deal with school safety
But it also imposes unconstitutional restrictions on Florida citizens.
  • Prohibits purchase of ANY firearm by anyone under 21 years of age.
  • Imposes a 3-day waiting period on the purchase of ANY firearm with some exceptions.
  • Makes possession
    , sale, etc. of bump-stocks illegal – NO LEGAL DISPOSITION OPTION! OWN ONE – INSTANT FELON!

  • Facilitates confiscation of firearms without due process in Baker Act cases.
Florida Carry vehemently opposes any and all “compromises” which REMOVE rights from law-abiding citizens.



CONTACT ALL FLORIDA SENATORS



 NOW!



Copy/paste the email addresses below into your email client. 

Please ensure you include the following subject line – 
“Oppose SB 7026 – Public Safety”

baxley.dennis@flsenate.gov
bean.aaron@flsenate.gov
benacquisto.lizbeth@flsenate.gov
bradley.rob@flsenate.gov
brandes.jeff@flsenate.gov
broxson.doug@flsenate.gov
flores.anitere@flsenate.gov
gainer.george@flsenate.gov
galvano.bill@flsenate.gov
garcia.rene@flsenate.gov
grimsley.denise@flsenate.gov
hukill.dorothy@flsenate.gov
hutson.travis@flsenate.gov
lee.tom@flsenate.gov
mayfield.debbie@flsenate.gov
negron.joe@flsenate.gov
passidomo.kathleen@flsenate.gov
perry.keith@flsenate.gov
simmons.david@flsenate.gov
stargel.kelli@flsenate.gov
steube.greg@flsenate.gov
young.dana@flsenate.gov
book.lauren@flsenate.gov
bracy.randolp@flsenate.gov
braynon.oscar@flsenate.gov
campbell.daphne@flsenate.gov
clemens.jeff@flsenate.gov
farmer.gary@flsenate.gov
gibson.audrey@flsenate.gov
montford.bill@flsenate.gov
powell.bobby@flsenate.gov
rader.kevin@flsenate.gov
rodriguez.jose@flsenate.gov
rouson.darryl@flsenate.gov
simpson.wilton@flsenate.gov
stewart.linda@flsenate.gov
thurston.perry@flsenate.gov
torres.victor@flsenate.gov

For Those In Florida

Florida Carry issued a call late last week for legislators to eliminate gun-free zones, to authorize teachers with a CWFL to be allowed to carry in schools, and to immediately provide funding for a FASTER program.

If you live in Florida, it’s time to hit these legislators up.

On Friday, Feb 16th, Florida Carry called for the Florida Legislature to immediately:
  1. Pass emergency legislation to eliminate gun-free zones for law-abiding concealed carry licensees;
  2. Pass
    emergency legislation authorizing all teachers in public schools who
    possess a CWFL to carry their licensed, concealed firearm if they so
    choose, without repercussion; and
  3. Provide
    immediate funding of one million dollars in grants for county school
    boards and sheriffs to implement pilot programs of the
    Faculty/Administrator Safety Training and Emergency Response (FASTER) Program in the State of Florida.
Today, the legislature is under attack.
The candidates who came to us as Florida Gun Owners during the primaries have now become lawmakers.
Those lawmakers are now being pressured in to selling us out.
We have offered effective solutions to the violence of evil people.  Far too many legislators are not listening…
We have called for the legislature to fund FASTER
Investigate the non-response of the Broward County Sheriff’s office to a clear and present danger, to demand that the FBI account for its failure to investigate multiple reported threats, Recognize that “gun free zones” are not free of criminal violence, and Provide for the lawful defence of FL students.  

Contact your legislators.
larry.ahern@myfloridahouse.gov
ben.albritton@myfloridahouse.gov
thad.altman@myfloridahouse.gov
brian.avila@myfloridahouse.gov
halsey.beshears@myfloridahouse.gov
michael.bileca@myfloridahouse.gov
jim.boyd@myfloridahouse.gov
jason.brodeur@myfloridahouse.gov
daniel.burgess@myfloridahouse.gov
colleen.burton@myfloridahouse.gov
cord.byrd@myfloridahouse.gov
matt.caldwell@myfloridahouse.gov
charles.clemons@myfloridahouse.gov
richard.corcoran@myfloridahouse.gov
robert.cortes@myfloridahouse.gov
travis.cummings@myfloridahouse.gov
jose.diaz@myfloridahouse.gov
manny.diaz@myfloridahouse.gov
byron.donalds@myfloridahouse.gov
brad.drake@myfloridahouse.gov
jay.fant@myfloridahouse.gov
randy.fine@myfloridahouse.gov
jason.fischer@myfloridahouse.gov
heather.fitzenhagen@myfloridahouse.gov
julio.gonzalez@myfloridahouse.gov
tom.goodson@myfloridahouse.gov
erin.grall@myfloridahouse.gov
james.grant@myfloridahouse.gov
michael.grant@myfloridahouse.gov
joe.gruters@myfloridahouse.gov
bill.hager@myfloridahouse.gov
gayle.harrell@myfloridahouse.gov
shawn.harrison@myfloridahouse.gov
blaise.ingoglia@myfloridahouse.gov
clay.ingram@myfloridahouse.gov
sam.killebrew@myfloridahouse.gov
mike.larosa@myfloridahouse.gov
chris.latvala@myfloridahouse.gov
thomas.leek@myfloridahouse.gov
marylynn.magar@myfloridahouse.gov
amber.mariano@myfloridahouse.gov
ralph.massullo@myfloridahouse.gov
stan.mcclain@myfloridahouse.gov
larry.metz@myfloridahouse.gov
mike.miller@myfloridahouse.gov
george.moraitis@myfloridahouse.gov
jeanette.nunez@myfloridahouse.gov
jose.oliva@myfloridahouse.gov
bobby.payne@myfloridahouse.gov
kathleen.peters@myfloridahouse.gov
cary.pigman@myfloridahouse.gov
scott.plakon@myfloridahouse.gov
rene.plasencia@myfloridahouse.gov
mel.ponder@myfloridahouse.gov
elizabeth.porter@myfloridahouse.gov
jake.raburn@myfloridahouse.gov
holly.raschein@myfloridahouse.gov
paul.renner@myfloridahouse.gov
ray.rodrigues@myfloridahouse.gov
bob.rommel@myfloridahouse.gov
rick.roth@myfloridahouse.gov
david.santiago@myfloridahouse.gov
ross.spano@myfloridahouse.gov
chris.sprowls@myfloridahouse.gov
cyndi.stevenson@myfloridahouse.gov
charlie.stone@myfloridahouse.gov
jennifer.sullivan@myfloridahouse.gov
jackie.toledo@myfloridahouse.gov
carlos.trujillo@myfloridahouse.gov
jay.trumbull@myfloridahouse.gov
frank.white@myfloridahouse.gov
jayer.williamson@myfloridahouse.gov
yarborough.clay@myfloridahouse.gov
joseph.abruzzo@myfloridahouse.gov
ramon.alexander@myfloridahouse.gov
bruce.antone@myfloridahouse.gov
robert.asencio@myfloridahouse.gov
loranne.ausley@myfloridahouse.gov
lori.berman@myfloridahouse.gov
kamia.brown@myfloridahouse.gov
john.cortes@myfloridahouse.gov
janet.cruz@myfloridahouse.gov
kimberly.daniels@myfloridahouse.gov
tracie.davis@myfloridahouse.gov
ben.diamond@myfloridahouse.gov
bobby.dubose@myfloridahouse.gov
nicholas.duran@myfloridahouse.gov
katie.edwards@myfloridahouse.gov
joseph.geller@myfloridahouse.gov
margret.good@myfloridahouse.gov
roy.hardemon@myfloridahouse.gov
patrick.henry@myfloridahouse.gov
kristin.jacobs@myfloridahouse.gov
al.jacquet@myfloridahouse.gov
evan.jenne@myfloridahouse.gov
shevrin.jones@myfloridahouse.gov
larry.lee@myfloridahouse.gov
kionne.mcghee@myfloridahouse.gov
amy.mercado@myfloridahouse.gov
jared.moskowitz@myfloridahouse.gov
wengay.newton@myfloridahouse.gov
sharon.pritchett@myfloridahouse.gov
david.richardson@myfloridahouse.gov
barrington.russell@myfloridahouse.gov
sean.shaw@myfloridahouse.gov
david.silvers@myfloridahouse.gov
emily.slosberg@myfloridahouse.gov
carlos.smith@myfloridahouse.gov
cynthia.stafford@myfloridahouse.gov
richard.stark@myfloridahouse.gov
barbara.watson@myfloridahouse.gov
clovis.watson@myfloridahouse.gov
matt.willhite@myfloridahouse.gov
patricia.williams@myfloridahouse.gov
baxley.dennis@flsenate.gov
bean.aaron@flsenate.gov
benacquisto.lizbeth@flsenate.gov
bradley.rob@flsenate.gov
brandes.jeff@flsenate.gov
broxson.doug@flsenate.gov
flores.anitere@flsenate.gov
gainer.george@flsenate.gov
galvano.bill@flsenate.gov
garcia.rene@flsenate.gov
grimsley.denise@flsenate.gov
hukill.dorothy@flsenate.gov
hutson.travis@flsenate.gov
lee.tom@flsenate.gov
mayfield.debbie@flsenate.gov
negron.joe@flsenate.gov
passidomo.kathleen@flsenate.gov
perry.keith@flsenate.gov
simmons.david@flsenate.gov
stargel.kelli@flsenate.gov
steube.greg@flsenate.gov
young.dana@flsenate.gov
book.lauren@flsenate.gov
bracy.randolp@flsenate.gov
braynon.oscar@flsenate.gov
campbell.daphne@flsenate.gov
clemens.jeff@flsenate.gov
farmer.gary@flsenate.gov
gibson.audrey@flsenate.gov
montford.bill@flsenate.gov
powell.bobby@flsenate.gov
rader.kevin@flsenate.gov
rodriguez.jose@flsenate.gov
rouson.darryl@flsenate.gov
simpson.wilton@flsenate.gov
stewart.linda@flsenate.gov
thurston.perry@flsenate.gov
torres.victor@flsenate.gov

It’s Time Again For Floridians To Call Their Legislators

The Florida Senate is considering SB 128 which would restore the immunity from prosecution in legitimate self-defense shootings. The original 2005 law had that but the Florida Supreme Court then placed the burden of proof on the defendant and not the prosecution. SB 128 would reverse this.

It should be noted that just because a legislator has a “R” after his or her name does not mean her or she is on our side. Lee Williams, The Gun Writer, illustrates this clearly in his posts about the treachery of Senate President Pro Temp Anitere Flores (R-Miami). She was for gun rights before she was against them. She is responsible for killing the bills that would allow campus carry.

More on the issue in this FloridaCarry alert:

SB 128 – Burden of Proof
Full Senate hears bill tomorrow!

Contact Senators Now!!!

Perhaps the single most important bill of the session, SB 128 – Burden of Proof, restores the
full effect of legislative immunity back to the lawful user of self-defense where it belongs!
When the first claims of immunity were made under the 2005 “stand your ground” bill package, the courts had no judicial procedure in place to deal with the legislative immunity created by the bill.

Chapter 776.032 Florida Statutes clearly states –

A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s.776.031 is justified in such conduct and is immune from criminal prosecution… 


 


As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.




The Florida Supreme Court created a procedure, but ignored legislative intent. Under current case law –






1. The burden of proof that self-defense was necessary is on the defendant, not the State.






2. Any evidence or statements made by the defendant may be used against him in any ensuing action.






This great bill restores full effect to the Legislature’s immunity statute, which the Court has improperly neutered.






Four amendments were filed today to dilute this bill!



Senators Simmons, Thurman, and Rodriguez have together filed four amendments today, all watering down certain provisions of this bill. These amendments must be defeated or the intent of the Legislature will continue to be ignored by the courts.

Florida Carry opposes the floor amendments filed today, and enthusiastically supports SB 128 as tendered.


An 

important note on contacting your legislators:



We
cannot stress enough the necessity of telling legislators how you feel
they should vote. During the legislative sessions, we issue Action Alerts asking
our members and supporters to take a few moments to contact
legislators. Email addresses, subject line, and sample body are all
included in these alerts to allow cut and paste into your email client.

Please
take the few seconds it takes to send an email when you receive an
Action Alert from Florida Carry. The failure or success of a bill can
hinge on that simple act.

“The only thing necessary for the triumph of evil is for good men to do nothing.” – Edmund Burke

Please, take a few moments to ask the members of the Senate to support SB 128.

Remember
that whether you contact the committee members either by email or by
phone, to be courteous and respectful above all else. Be sure to keep
your message brief, and thank them for their time.

In the subject line put:  SUPPORT SB 128 – Burden of Proof

(Copy and Paste All email addresses into the “Send To” box)
artiles.frank@flsenate.gov;
baxley.dennis@flsenate.gov;
bean.aaron@flsenate.gov;
benacquisto.lizbeth@flsenate.gov;
book.lauren@flsenate.gov;
bracy.randolph@flsenate.gov;
bradley.rob@flsenate.gov;
brandes.jeff@flsenate.gov;
broxson.doug@flsenate.gov;
clemens.jeff@flsenate.gov;
flores.anitere@flsenate.gov;
gainer.george@flsenate.gov;
galvano.bill@flsenate.gov;
garcia.rene@flsenate.gov;
grimsley.denise@flsenate.gov;
hukill.dorothy@flsenate.gov;
hutson.travis@flsenate.gov;
latvala.jack@flsenate.gov;
lee.tom@flsenate.gov;
mayfield.debbie@flsenate.gov;
montford.bill@flsenate.gov;
negron.joe@flsenate.gov;
passidomo.kathleen@flsenate.gov;
perry.keith@flsenate.gov;
rouson.darryl@flsenate.gov;
simmons.david@flsenate.gov;
simpson.wilton@flsenate.gov;
stargel.kelli@flsenate.gov;
steube.greg@flsenate.gov;
young.dana@flsenate.gov
Sample Body:
Dear Senator,
In
2005, the Legislature approved immunity for those involved in lawful
acts of self-defense. This immunity included protection from the expense
and embarrassment of arrest and prosecution unless sufficient evidence
existed to show the act was not in lawful self-defense. The Florida
Supreme Court neutered legislative intent by not only placing the burden
of proof on the defendant, but that testimony given in defense can be
used against the defendant in later proceedings. This flies in the face
of Fifth Amendment protection against self-incrimination and certainly
is in contrast to the long held American legal principle one is innocent
until proven guilty.

Please support SB 128.

Respectfully,

Florida Carry Sues Florida State University Over Firearm Polices

The Florida State Seminoles start each home game with their mascot Osceola racing across to midfield on his horse Renegade and sticking a flaming spear in the ground. In a figurative sense, that is just what gun rights organization Florida Carry did today when it filed suit against FSU, FSU President John Thrasher, and FSU police chief David Perry.

Before John Thrasher became President of Florida State University, he was a successful lawyer, politician, and lobbyist. He served in both the Florida House and Senate and was the chairman of the Florida GOP in 2010. When he was a state senator, Thrasher as noted below in the Florida Carry release told them that they should look to the courts rather than the legislature to correct unconstitutional infringements on the right to keep and bear arms in the Sunshine State. They are making him eat his words.

The lawsuit was filed in Leon County Circuit Court. They are seeking an injunction and declaratory relief stating that the defendants are violating Florida statutes. The complaint can be found here.

Tallahassee, Florida – In 2014 then Senator Thrasher admonished Florida
Carry during a legislative committee hearing for supporting a pro-Second
Amendment bill that corrected an unconstitutional infringement on the
right to bear arms rather than going to the courts and bringing a
lawsuit.

Today Florida Carry is taking his advice.

Florida
Carry, Inc. joins FSU Graduate Student Bekah Hargrove of Florida
Students for Concealed Carry in filing Florida Carry v. Thrasher today
seeking an emergency injunction against John Thrasher, now President of
Florida State University, the university, and FSU Police Chief David
Perry.

In 2013 the Florida First District Court of Appeals made
it crystal clear, in the case of Florida Carry v. UNF, that Universities
have no authority to regulate the lawful possession of firearms that
are properly stored in private vehicles on campus. Despite the fact that
FSU, Chief Perry, and President Thrasher are well aware of the law and
the binding decision of the court, they have chosen to continue
illegally prohibiting the possession of firearms in people’s private
vehicles. They even go so far as to use their own police force to
publicly threaten criminal enforcement of their unlawful regulations.

A recent release published by the FSU Police Department instructs that:
Weapons and/or firearms are not permitted to be stored in a vehicle on the FSU campus at any time, including game days.“(Emphasis in original)

The “FSU Game Day Plan 2015 – New Info” publication goes on to flout the laws of Florida by stating that:

“Weapons
are prohibited on the Florida State University Campus at all times
including football games. Fan may not store firearms or other weapons in
their vehicles parked on campus while attending the game. Possession of
a firearm or weapon on the FSU campus constitutes a felony and
violators are subject to arrest pursuant to Florida Statute 790.115.”

The
FSU Student Code of Conduct also attempts to enforce these illegal
policies by prohibiting all “On-campus possession or use of firearms…”
without an exception for firearm possession in a private vehicle and
even “Off-campus… or unauthorized possession or use of firearms…”
https://dos.fsu.edu/srr/_localDocuments/student-conduct-code.pdf

“It
has a chilling effect on the right to bear arms when law abiding gun
owners are lied to by public officials, especially ones who control
their own Police Forces, and are told that they will be breaking a law
by the legal possession of their firearms.”
Said Sean Caranna, Executive Director of Florida Carry, Inc.
“These
publications are a blatant attempt by FSU President Thrasher, and his
anti-Second Amendment employees, to enforce illegal gun control with the
threat of throwing good people in jail for the lawful exercise of their
right to bear arms. We demand that public officials follow the law and
will stand for nothing less.” 

Florida Carry Is On The Case

Open carry is generally not legal in Florida. However, it is allowed when you are hunting or fishing. The Tampa PD seems not to have gotten that message. George Freeman, as you can read below, was fishing on a city pier when he was detained and then ultimately banned from a city pier while open carrying.

While I personally prefer concealed carry, I do so in a state where unlicensed open carry has been the rule since the early 1920s thanks to a NC Supreme Court ruling. I believe open carry should be legal because, at the very least, concealed carry holders need protection when inadvertently exposing their firearm.

Florida Carry files lawsuit against Tampa for violations of members’ rights and Florida law.
Tampa went too far.
Our member, George Freeman was NOT breaking any law but he was detained for over an hour, disarmed, searched, and ultimately banned from a Tampa city pier and all city parks for exercising his Second Amendment Right to Bear Arms.
The fact that a person is peacefully exercising their right to bear arms is not cause for police officers to attack, detain, search, and trespass a citizen who is a law-abiding gun owner.
To insure that this does not happen again, our lawyers are coming fishing with us at the next regularly scheduled Florida Carry Fishing Meetup, on Saturday, July 11th – 10am Ballast Point Pier in Tampa. Information and directions can be found by clicking HERE.
We have also filed a lawsuit to defend the right to bear arms, our members, and your rights.  You can read about the case by clicking HERE.

We are raising funds to support the lawsuit.  please read more and consider contributing to your fellow gun owner’s case at: https://www.gofundme.com/DefendingRKBA
Open Carry Fishing

Open Carry Fishing

We often have to go to the courts to demand our rights.

You can keep up to date on our court cases at: https://www.floridacarry.org/litigation

Florida Carry Calls Out Everytown’s Astroturfing

It seems the Everytown Moms for Illegal Mayors has been running an advertisement that seeks to blur the lines and confuse the issue about campus carry in Florida. They are touting their initiative as “Backpacks, Not Bullets”. By blurring the lines, Everytown would have you believe that 20 or 30-something PhD student is the same as a 5-year old kid in kindergarten and both should be treated the same.

This is their ad.

Everytown is very slick using Wayne LaPierre’s words about firearms in K-12 schools as if he was talking about FSU or the University of Florida instead.

Here is what Florida Carry has to say about it. They point out the obvious and explain what the two bills in question would do. They also note that an armed home invasion took place on the University of North Florida’s campus this past weekend.

TALLAHASSEE, FL, March 10, 2015 — A new anti-gun advertisement produced by former New York City Mayor Michael Bloomberg’s astroturf propaganda efforts, Everytown for Gun Safety and Moms Demand Action for Gun Sense in America. Bloomberg’s attempt to sell Floridians magical elixirs to keep them safe amounts to little more than wishful thinking, wild imagination and frankly, snake oil.

Rather than addressing the realities of today’s on and off campus life, the release instead touts a new initiative – “Backpacks, Not Bullets”. It goes on to list the five bills dealing with school carry. Two of the bills deal with college/university campuses, and appear to be the focus of the Bloomberg release. Yet by combining the two disparate topics, the ad attempts to confuse viewers into seeing one issue – kids and guns together. That’s right, according to Everytown/MDA, a 25 or 30 year old grad student is no different than a five year old who has just mastered the shoelace!

FACT: Adults are NOT kids. Colleges and universities are NOT elementary schools. HB 4005 and SB 176 would simply remove colleges and universities from the prohibited places list for licensed adult carriers, who can legally carry practically everywhere else in the state, and who do so with more responsibility than even law enforcement according to state government data. Licensees are prohibited by law from being able to protect themselves, yet the criminals who commit violent crimes on campus don’t seem to mind the fact that carry without a license is a felony.

FACT: Colleges and universities are not as safe as one might think. According to the US Department of Education, 392 violent crimes (homicide, aggravated assault, forcible sexual assault, robbery, and arson) occurred on Florida campuses and in on-campus housing in 2013. Almost 400 felons didn’t care that what they did was illegal, and almost 400 victims were denied the potential of avoiding or stopping that crime. And this doesn’t count what happens in off-campus university housing, frat houses, or in the neighborhoods immediately surrounding campuses in the state. What does Everytown/MDA say about the safety and security of those “children”?

Just this weekend an armed home invasion attack took place in campus housing at the University of North Florida. The armed attacker was out on bail when the attack occurred. Despite being too young to have a concealed carry license, despite being prohibited from possessing guns pending trial, and despite the campus gun ban… The only people who followed the law were the only people who didn’t have a chance to defend themselves.

This isn’t about allowing guns on campus. Guns are already ON CAMPUS, in the hands of those who don’t care about laws or victims.

Florida Carry Plans Appeal

Florida Carry has been active in holding state universities in Florida to the letter and spirit of the law regarding weapons restrictions on campus. Florida has state preemption on firearms issues but many municipalities and other governmental units want to go their own way. This would include the University of Florida in Gainesville. As a result, Florida Carry is suing them in state court. Unfortunately, a circuit court judge (and loyal alumnus) ignored a higher court ruling and granted summary judgment to the University of Florida. Florida Carry will be appealing to the 1st District Court of Appeals where they won an earlier case against the University of North Florida.


From Florida Carry:

Florida Carry case against University of Florida gun ban regulations moving to the First District Court of Appeal

On January 10th, 2014 Florida Carry, Inc. filed a lawsuit against the University Florida (UF),
seeking a permanent injunction to protect the rights of students,
faculty, and the public from the university’s illegal and
unconstitutional regulations prohibiting or severely restricting
firearms and weapons on all university property including in student’s
personal vehicles and in university managed housing.

Since 1987
the Florida Legislature has preempted firearms law and issued state-wide
licenses to carry concealed for self-defense. In December Florida
Carry won a similar case against the University of North Florida (UNF).
In Florida Carry v. UNF
the First District Court of Appeal ruled that “The legislature’s
primacy in firearms regulation derives directly from the Florida
Constitution… Indeed, the legislature has reserved for itself the
whole field of firearms regulation in section 790.33(1)…” No public
college or university has any authority to prevent students and the
public from having a functional firearm in places that are
constitutionally protected or permitted under state law.

The
University of Florida has failed to comply with the court’s ruling by
doing nothing more than adding an “Intent” footnote to only one of its
illegal policies.

In 2008 the United States Supreme Court ruled
that the right to keeps arms in the home is at the very core of the
Second Amendment.

Today, (Wednesday July 30th, 2014) Circuit Court Judge Toby S. Monaco granted motions to dismiss and for summary judgement in favor of his alma mater and granted sovereign immunity to UF President Manchen.
The lower court Judge ignored the plain language of multiple Florida
firearms laws, multiple binding court cases from Florida and the US
Supreme Court, turned to blind eye to university policies that are
promulgated in continued violation, and refused to conduct any analysis
of the right to keep and bear arms.

This is the same failure to
follow the law and protect the fundamental right to keep and bear arms
that we saw from another lower court in our case against the University
of North Florida. Prior to winning the landmark Florida Carry v. UNF
case that secured the right of students to store firearms in their cars
parked on campus in the First District Court of Appeals late last year,
another Florida Circuit Court Judge entered a similarly poorly reasoned
decision.

“It’s disappointing but this type of ruling is exactly what we have come to expect from far too many intellectually dishonest lower court judges at this phase of any Second Amendment case.” said Florida Carry Executive Director Sean Caranna “Once again, we’ll appeal to the First DCA… and once again, we’ll win.”

Florida Carry On Certain Anti-Gun Bureaucrats In the Florida AG’s Office

Florida Carry has been doing yeoman’s work down in the State of Florida on the issue of carry – both open and concealed. They are currently supporting a case, Norman v. State, which is an appeal from a county court’s ruling that Dale Norman, a legal and licensed concealed carry permit holder, violated that Florida’s open carry ban when his pistol showed under his concealment garment. The appeal has been accepted by the Florida 4th Circuit Court of Appeals as a constitutional challenge.

However, it seems that certain anti-gun elements within the Florida Attorney General’s Office are trying to scuttle that challenge from being heard. Florida Carry notes that Florida AG Pam Bondi has generally been very pro-gun and is not behind this move. They also note that certain local State Attorneys (Angela Corey comes to mind) are vigorously prosecuting open carry cases.

From their release sent out yesterday:

Florida
Assistant
Attorney
Generals
and
Local
State
Prosecutors
are out
of
control
in
fighting
against
the
Second
Amendment.

Once
again
the
anti-gun
elements
in
the
Florida
Attorney
General’s
office
are
attempting
to scuttle the
appeal
in
the
case
of
Norman
v.
State
.

The
Norman
case
is
the
only
viable
case
in
the
country
arguing
for
recognition
of
the
constitutional
right
to
open carry.

Since
the
appeal
was
first
brought,
the
West
Palm
Beach
Office
of
the
Attorney
General
has
repeatedly
attempted
to
derail
the
case
based
on
procedural
arguments
that
the
lower
court
did
not
properly
certify
its
questions
of
great
public
importance.
The
AG’s
office
even
appealed
the
case
to
the
Florida
Supreme
Court
in
an
attempt
to
keep
the
Fourth
District
Court
of
Appeals
from
hearing
the
case.
They
want
the
case
heard
by a
Circuit
Court
where
a
recognition
of
the
right
to
carry
will
not
have
state-wide
effect
and
will
be
decided
by
only
one
local judge.

A
request
was
sent
to
the
Assistant
Attorney
General
in
Palm
Beach
asking
them
to
consent
to
the
lower
Court
amending
its
judgement
to
include
the
certified
question
in
the
order
of
Judgement
and
Sentence
to
correct
the
AG’s
claimed
procedural
defect
that
may exist.

Their
response:
We
(the
Attorney
General’s
Office)
will
take
“no
position”

If
the
AG’s
office
wanted
to
take
a
pro-Second
Amendment
position
and
was
truly
trying
to
correct
an
alleged
procedural
error
by
the
lower
court
it,
would
have
consented.
Instead,
they
punted.

To
quote
George
Carlin,
“It’s
all
BS,
and
it’s
bad
for you.”

No
credible
organization
could
question
the
pro-gun
record
of
Florida
Attorney
General
Pamela
Bondi
who
has
signed
on
to
support
many
important
federal
amicus
briefs
to
the
U.S.
Supreme
Court
that
were
filed
by
other
state’s
AGs,
but
her
own
office
is
apparently
in
need
some
deep
house cleaning.

The
ruling
and
intent
of
the
lower
court
is
clear,
that
this
case
be
reviewed
by
a
panel
of
appellate
court
judges
as
a
matter
of
great
public
importance
that
impacts
thousands
of
law
enforcement
officers
and
millions
of
gun owners.

The
Attorney
General
needs
to
get
her
anti-gun
and
anti-self-defense
underlings
in
line
if
she
wants
the
support
of
gun
owners
in
the
coming
election. 

Florida
concealed
carry
licensees
and
others
who
lawfully
possess
firearms
are
being
arrested
and
prosecuted
at
an
alarming
rate.

The
problem
is
not
only
with
the
Attorney
General’s
office. 

In
two
cases
that
we
are
involved
with,
State
Attorney
Angela
Corey’s
office

is
wrongfully
prosecuting
lawful
gun
owners. 
In
the
first
case,
a
man
was
arrested
on
his
own
front
porch
for
having
a
handgun
in a
closed
bag…
While
finishing
moving.
Corey’s
office
claims
that
it
was
no
longer
his
home,
since
he
was
moving,
and
is
prosecuting
him
for
a
felony. 
In
the
second,
a
CWFL
licensee
has
been
sentenced
to
60
days
in
jail
for
an
open
carry
ban
violation
after
his
shirt
rode
up
over
his
holster
in a
store
exposing
his firearm.

It
is
time
to
contact
Attorney
General
Bondi’s
office

and
politely
let
her
know
we
trust
and
support
her,
but
she
needs
to
show
her
commitment
to
the
Second
Amendment
by
cleaning
up
the
anti-gun
elements
in
her
office,
including
the
West
Palm office.

For
Angela
Corey’s
part.
It’s
time
for
her
to
find
a
new
job.